Burdett v. Dale

Respondent filed a motion to affirm the judgment in this cause for failure to prosecute the appeal. The motion was 'Sustained, January 7, 1902. Appellant has filed a motion to set aside that ruling. The facts antedating the affirmance by this *510court are stated fully in our opinion in Burdett v. Dale, 95 Mo. App. (St. L.) 511 (69 S. W. 480), rendered at this term upon motion to dispose of a writ of error directed at the same judgment affected by the motion to affirm.

The substance of the issue now presented is that' plaintiffs appealed from a judgment entered by the circuit court of Monroe…